1. VOLUME NO.: LLAT/ 500 OF 2012-13 DATE: 14th June, 2012
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SR. AUTHORITY SECTION / RULES / RATIO(S)
NO. CITATIONS SUBJECT CASE(NAME OF ASSESSEE)
1.1 Del Trib 68, ITA Where share application money entry racket is unearthed,
burden of proof u/s 68 not discharged by merely submitting
documentary evidence.
1.2 18 TM 217 Cash Credit Nova Promoters & Finlease (P.) Ltd.
2.1 Hyd Trib 54F, ITA No exemption u/s 54F is allowed if new house is purchased
through borrowed funds
2.2 18 TM 265 Cap.Gain Smt. V. Kumuda
3.1 Del Trib 9, ITA Merely because “a”, a US company, appointed agents in India
and also opened liaison offices in India, it could not be said that
“a” had a PE in India
3.2 18 TM 306 DTAA Western Union Financial Services Inc.
4.1 AAR 9, ITA Payment received by an Australian company, from its Indian
distributor for sale of applicant's software product in India, is
royalty
4.2 18 TM 172 DTAA Citrix Systems Asia Pacific Pty. Ltd. In re
5.1 Vish Trib 254, ITA Order of Tribunal is binding on all tax authorities unless its
operation is suspended by High Court
5.2 18 TM 101 Order Cargo Handling (P.) Workers Pool
6.1 Mum-Trib 32, ITA A portion of reconstruction cost borne by the tenant is revenue
expenditure as he gets a space in the reconstructed building at
same rent
6.2 18 TM 367 Busi.Exp Talathi & Panthaky Associated
Please let us know if you need any further information on these.
Thanking you and assuring you of our best services at all times.
Yours Faithfully,
For Anand Mehta & Co .,
(CONSULTANTS) PVT. LTD.
Anand V. Mehta
DIRECTOR
A mind of a consultant with a heart of a friend.
Mumbai Office- 334, Mulratna 1st Floor Narshi Natha Street Masjid (W) Mumbai 40009
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